Bethlehem: Acker to get large dogs back, Bethlehem to keep small dogs seized after animal cruelty arrest

LITCHFIELD >> Frederick Acker will be getting some of his dogs back, a Litchfield Superior Court judge ruled Thursday.

The Monroe man was charged with 62 counts of animal cruelty after state police and animal control officers seized more than 60 dogs from a Bethlehem barn in November because of allegedly inadequate living conditions there.

Judge Wilson Trombley made his final decision that required all of Acker's smaller bred dogs to remain in the custody of the town of Bethlehem. However, all of Acker's larger bred dogs are to be returned to him.

"Both sides need to cooperate," Trombley said.

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"I am shocked," said Bethlehem Animal Control officer Judy Umstead. "I think it should have been all or nothing because it does create a big mess. I am concerned with the large dogs with short hair."

The town of Bethlehem was seeking an injunction that would require all of Acker's dogs to remain in its custody, receive reimbursements for the cost of the dogs' care and prevent Acker from taking care of animals in a sheltered environment in the future.

Acker said he is not satisfied with the judge's ruling and wants all the dogs returned.

"I intend to appeal, we have 20 days" said Acker. "I don't think it was reasonable, those dogs were not in immediate danger."

Although Acker will get the larger bred dogs back, he is still required to pay $15 a day, per small dog, plus veterinarian costs, for the 98 days it took the judge to reach a decision.

Bethlehem Town Attorney Anthony DiPentima said the judge should not have thrown Acker a bone.

"It's disappointing he thought he needed to give Mr. Acker some credibility," said DiPentima.

DiPentima said he will talk to Bethlehem's First Selectman Jeffrey Hamel to determine if he should file an appeal.

"I have 20 days," said DiPentima.

However, Acker's attorney, Alice McQuaid, said she does not do appeals and will not be representing Acker through that process.

Acker, 62, of 359 Spring Hill Road, Monroe, operates the Society for the Prevention of Cruelty to Animals (SPCA), which is not affiliated with the well-known American Society for the Prevention of Cruelty to Animals.

In the criminal case, set to continue March 7, Acker is charged with failing to provide adequate food, water and shelter for the dogs, according to the arrest warrant.

"We strongly disagree the dogs were neglected, animals in these conditions would have shown signs" said McQuaid, after Thursday's hearing. "I am very grateful to the judge to explain his ruling and he made it clear Mr. Acker is not in it for the money."

State Police and animal control officers confiscated the dogs after more than one visit to the site by Umstead, the animal control officer for Bethlehem and Woodbury.

Acker said he was in the process of upgrading heat and insulation on the barn, located on property he does not own, but that October's Superstorm Sandy and a subsequent snowstorm delayed the process.

It is unclear where Acker will put the larger dogs as he allegedly does not have a certificate of occupancy for the shelter the dogs were confiscated from.